Topic discussed this week by Peter Broida: Doe v. Dept. of State, 2022 MSPB 38 (Nov. 29, 2022) (counsel fees); Haas v. DHS, 2022 MSPB 36 (Nov. 7, 2022) (medical inability to perform); AMC Redstone Arsenal and NFFE Local 1332, 73 FLRA 356 (Dec. 8, 2022) (interlocutory exceptions); Marine Corps, Twentynine Palms, and AFGE Local 2018, 73 FLRA 379 (Dec. 9, 2022) (temporary promotions); Buy Dewey books at deweypub.com ..read more

Topic discussed this week by Peter Broida: NTEU v. FLRA (D.C. Cir. 20-1400 August 2, 2022) (reviewing FLRA Guidance); Bishop v. Dept. of Agric., 2022 MSPB 28 (August 18, 2022) (scope of IRA/EEO allegations) Buy Dewey books at deweypub.com ..read more

Topic discussed this week by Peter Broida: Lee v. VA, 2022 MSPB 11 (5/12/2022) Edwards v. Dept. of Labor, 2022 MSPB 9 (5/5/2022) Newly-confirmed Member at FLRA ..read more

Topics discussed this week by Peter Broida: Executive Order 14025 (April 26, 2021) and OPM Guidance ("Worker Organizing and Empowerment") Restrictions on bargaining: zipper clauses, the "covered by" doctrine, and waivers during negotiations Buy Dewey books at deweypub.com ..read more

Topics discussed this week by Peter Broida: Knapp v. MSPB (Fed. Cir. 2020-2122 Nov. 17, 2021 NP) (IRA jurisdiction on matters related to clearance suspension) Alvarez v. Azar (D.MD. CA CCB-20-2626 Sept. 23, 2021) (attempt to prevent HHS from lodging objections to authority of MSPB AJs to adjudicate appeals) Davis v. MSPB (ED Ill. No. 20-cv-2139 Nov. 9, 2020) (attempt to prevent MSPB AJs from granting HHS motions to DWOP appeals pending resolution of authority of MSPB AJs to adjudicate appeals) Buy Dewey books at deweypub.com ..read more

Topics discussed this week by Peter Broida: Potter v. VA (Fed. Cir. 2021-1460) (October 25, 2021) (IRA factual and contributing factor (Cat's Paw) analysis). Buy Dewey books at deweypub.com ..read more

Topics discussed this week by Peter Broida: DHUD and AFGE Local 3972, 72 FLRA 450 (August 27, 2021) (jurisdictional defect in arbitration: union's failure to provide management a contractually-required notice of intent to invoke arbitration); Marine Corps Air Ground Combat Center and AFGE Local 2018, 72 FLRA 473 (September 15, 2021) (jurisdictional defect in arbitration: untimely grievance and arbitration request); DHS, C&BP and AFGE Local 3307, 72 FLRA 463 (September 8, 2021) (arbitration: counsel fee award set aside as contrary to law under several Allen factors ..read more

Topics discussed this week by Peter Broida: The "clear and convincing" evidentiary standard and judicial interpretation: Insurance Co. v. Nelson, 103 U.S. 544 (1880); Helvering v. Fitch, 309 U.S. 149 (1940); Allentown Mack Sales & Serv. v. NLRB, 522 U.S. 359 (1998); Addington v. Texas, 441 U.S. 418, 425 (1979); California ex rel. Cooper v. Mitchell Brothers Santa Ana Theater, 454 U.S. 90, 93 (1981); Herman & MacLean v. Huddleston, 459 U.S. 375, 389 (1983); Colorado v. New Mexico, 467 U.S. 310 (1984). Buy Dewey books at deweypub.com ..read more

Topics discussed this week by Peter Broida: Smith v. McDonough(Fed. Cir. 20-1354) (April 24, 2021) (valuation of counsel fee requests for case reviews) OPM Guidance on labor-management partnerships and pre-decisional involvement (May 18, 2021 ..read more

One topic discussed this week by Peter Broida: United States v. Arthrex, Inc. (Supreme Court No. 19-1434) ( June 21, 2021 ..read more